Intellectual Property Rightsand International PerspectivesByMr. Vivek Y. DhupdaleAssistant Professor,Department of Law, ShivajiUniversity, Kolhapur
COPYRIGHTTRADE AND SERVICE MARKSPATENTSINDUSTRIAL DESIGNSGEOGRAPHICAL INDICATIONSINTEGRATED CIRCUITSUNDISCLOSED INFORMATION
Property created as a result of intellectualcreative effort or commercial reputationand goodwill. Basic Form : Intangible Territorial Statutory/Common law Provisions
IP IS AN INTANGIBLE PROPERTY SET OF RIGHTS:- Right to EXCLUSIVE USER- Right to PREVENT OTHERS- Right to ASSIGN, TO LICENSE- INHERITABLE Right
MEANING OF COPYRIGHT : Right To-› reproduce the work ( including Storing )› issue copies of the work› perform work in public› communicate the work to the public› make translation› make adaptation› sell or give on hire
Copyright subsists in original-›literary, dramatic, musical &artistic works›cinematographic films›sound recordings›which are either first published inIndia, ..
Range Of Copyright Protection:Product Packaging Scenic ArrangementPaintings SculptureDrawings ( maps,..) EngravingsPhotographs Architectural WorksComputer Software Research PapersComputer databases Choreographic work
WHAT IS A TRADE MARK?a mark used or proposed to be usedin relation to goods for the purposeof indicating a connection in thecourse of trade between the goodsand some person having the right touse the mark.
What is a MARK :1. It includes a device, brand, heading,label, ticket, name, signature, word,letter, numeral or any combinationthereof2. Shape of goods, packaging, colour3. Sound, Smell – are also marks – butrecognised in India
Traditional Role:distinguish the products of one manufacturer fromthose of another indicate the source or origin of thegoods represent the goodwill of the manufacturerTM as a part of the marketing mix:• Guarantee of QUALITY• Guarantee of AUTHENTICITY• Create a feeling of TRUST• Aid to Branding
Mercedes Benz for vehicles Coca Cola for beverages Intel for computer Crocin for pharmaceuticals Bournvita for food stuff MGM - roar of Lion for entertainment Taj Hotels for hotels Nike for shoes 501 Bar for soaps
Original Marks Copied /Similar MarksVaseline VanildeneAmrutanjan AmrutmanthanGodrej GoldageDouble BubbleRustom RustonRysta Aristo
Marks Which Are Capable Of DistinguishingServicesNew Provision - 1999 Trade Marks Act› Insurance› Banking› Hotels› Laundry› Education› Transport› Research Laboratories
Patent is a exclusive right granted to an inventorwith respect to that invention which he discloses tothe public. These exclusive rights include his right to assign ortransfer any interest in his invention.
Object of the Act:› Protection of the Individual Interest of the Patentee› Protection of the Interest of the Society
The Patents under the Patents Act are granted fora limited period of 20 years from the date offiling of the application for patent.
A registered design includes:› features of shape, configuration, pattern, ornament orcomposition of lines or colours, Applied to any article either in two or threedimensions or in both forms by any industrialprocess which in the finished article appeal toand are judged by the eye.
Protection Given To :› indications which identify goods as originatingfrom/manufactured in a particular territory where agiven quality, reputation or other characteristics of thegoods is essentially attributable to that region
Customers must not be misled Marking must not mislead No Dilution Economic prosperity Examples of GI:› Darjeeling Tea› Basmati Rice› Paithani Saris› Kolhapuri Chappals› Scotch Whisky› Rockford Cheese› Champagne
An integratedcircuit or monolithic integratedcircuit (also referred toas IC, chip, or microchip) isan electronic circuit manufacturedby lithography, or the patterneddiffusion of trace elements into thesurface of athin substrate of semiconductor material. Additional materials aredeposited and patterned to forminterconnections betweensemiconductor devices.
Integrated circuits are used in virtually allelectronic equipment today and haverevolutionized the world of electronics.Computers, mobile phones, and otherdigital home appliances are now inextricableparts of the structure of modern societies, madepossible by the low cost of producing integratedcircuits.
Trade Secret is an information which is aSECRET has been INTENTIONALLY treated assuch is capable of COMMERCIAL applicationand involves an ECONOMIC interest
Concept of ‘sufficiently developed’ No necessity of Novelty Inventiveness not a pre-requisite Important requirement => SECRET Exercise of Skill and Effort Desire of Confidentiality
Any formula, pattern or device or compilation ofinformation which is used in one’s business andwhich gives the owner over competitors who donot know or use it.e.g. chemical compound, a process ofmanufacture, treating or preserving material, apattern for a machine other other device or alist of customers, detailed manufacturingdrawings, tolerance data, training materials,source code, etc.
At present, the following legislations on IPRs are inforce in India:› The Patents Act, 1970 as amended by the Patents(Amendments) Act, 2005 along with the Patents(Amendments) Rules, 2005 (Effective from 01.01.2005)› The Designs Act, 2000 along with The Design Rules, 2001› The Trade Marks Act, 1999 along with The Trade MarksRules, 2002› The Geographical Indications of Goods (Registration andProtection) Act, 1999 and the Geographical Indications ofGoods (Registration and Protection) Rules, 2002› The Copyright Act 1957, Copyright (Amendment)Act1994, Copyright (Amendment) Act 1999 (Effective from15.01.2000)
There are basically three remediesavailable in the case if any unauthorisedperson tries to exercise the exclusiverights of the original creator. They are:› Civil Remedies› Criminal Remedies› Administrative Remedies
Following are the International Conventions whichprovide protection to Intellectual Property Globally.General Conventions:1. Convention for the Protection of Industrial Property Rightssigned in Paris on 20 March 1883.2. Berne Convention for the Protection of Literary and ArtisticWorks Paris Act of 24 July 1971.3. Convention establishing the World Intellectual PropertyOrganisation (WIPO), signed at Stockholm on 14 July 1967.4. Agreement on Trade-Related Aspects of Intellectual PropertyRights5. The TRIPS Agreement, negotiated during the UruguayRound, sets minimum standards for most categories of IPRs.
Patents: 1. Patent Cooperation Treaty of 19 June 1970, signed at Washington on 19 June 19702. Convention on the Grant of European Patents of 5 October 1973. 3. Strasbourg Agreement Concerning the International Patent Classification, signed on 24 March 1971.4. Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, concluded in 1977. 5. Patent Law Treaty adopted at Geneva 2 June 2000.
Trademarks 1. Madrid Agreement (April 1891) and Protocol (June 1989) concerning the International Registration of Marks. 2. Nice Agreement Concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks signed at Nice on 15 June 1957. 3. Vienna Agreement establishing an international classification of the Figurative elements of Marks, signed at Vienna on 12 June 1973, as amended on 1 October 1985. 4. Nairobi Treaty on the Protection of the Olympic Symbol, adopted on September 26, 1981. 5. Community Trademark Regulation no. 40/94 of 20 December 1993. 6. Trademark Law Treaty (TLT) adopted at Geneva on 27 October 1994. 7. Singapore Treaty on the Law of Trademarks, adopted March 13 to 26, 2006.
Industrial designs 1. The Hague Agreement for the International deposit of industrial design, signed 28 November 1960. 2. Locarno Agreement establishing an International Classification for Industrial Designs signed at Locarno on 8 October 1968. 3. The Community Design (98/71/EC).
Copyright and related rights:1. The Berne Convention for the Protection of Literary and Artistic Works (1886). 2. Universal Copyright Convention (1952). 3. International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, the Rome Convention (1961). 4. Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms of October 29, 1971. 5. Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, adopted at Brussels on 21 May 1974. 6. Trade Related Aspects of Intellectual Property Rights, the TRIPS Agreement (1994). 7. World Intellectual Property Organization Copyright Treaty (WCT) adopted in Geneva on 20 December 1996. 8. Convention on Cybercrime, adopted at Budapest 23 November 2001.
IPR is the need of the time for fast developing and creative country like India. There is a lack of awareness and information about IPR in India. We need to emphasis on creating awareness about IPR in citizens and the students, who are tomorrow’s technocrats and creators of new technology. All possible efforts should be taken to see that every student in particular should at least have clear idea about IPR.
Mr. Vivek Y. DhupdaleAssistant Professor,Department of Law, Shivaji University, KolhapurEmail: email@example.com